VIEWS: 37 PAGES: 6 CATEGORY: Other Personal Legal Documents and Forms POSTED ON: 10/17/2013
This Horse Lease Agreement is made between an owner of a horse and a lessee who wishes to lease the horse. This document sets forth the terms and conditions of the lease, including payment provisions, the lease term, permitted uses of the horse and insurance requirements. It includes numerous standard provisions as well as opportunities for customization to address the specific needs of the parties. Horse owners and individuals wishing to lease a horse should use this document when entering into a lease agreement for a horse.
Horse Lease Agreement This Horse Lease Agreement is made between an owner of a horse and a lessee who wishes to lease the horse. This document sets forth the terms and conditions of the lease, including payment provisions, the lease term, permitted uses of the horse and insurance requirements. It includes numerous standard provisions as well as opportunities for customization to address the specific needs of the parties. Horse owners and individuals wishing to lease a horse should use this document when entering into a lease agreement for a horse. HORSE LEASE AGREEMENT This Horse Lease Agreement (the “Agreement”) is entered into on __[Date]__ between __[Name of Owner]__ (“Owner”) of __[Address]__, __________, __________ __________ and __[Name of Lessee]__ (“Lessee”) of __[Address]__, __________, __________ __________. WHEREAS Owner owns the horse described below and Lessee desires to lease the horse; and WHEREAS Owner and Lessee, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. Term. 1.1. Term. The term of this Agreement shall commence on __[Start Date]__ and terminate on __[End Date]__, unless terminated sooner as provided herein. 1.2. Early Termination. Either party may terminate this Agreement prior to the stated date of termination by giving __[# of Days]__ days prior written notice. 1.3. Rights Upon Termination. Lessee expressly covenants and agrees that upon termination of this Agreement, Lessee shall have no further rights in or to the Horse. 2. Description. This Agreement covers the horse described below (the “Horse”): Name: __________ Age: __________ Breed: __________ Gender: __________ Color: __________ Registration Number: __________ 3. Payment. 3.1. Lease Payment Fee. Lessee shall pay to Owner a monthly lease fee in the amount of __[$ Amount ]__ per month. Lease payment is due on the __[Payment Due Date]__ day of each month. 3.2. Late Fee. Owner shall charge and Lessee shall pay a late fee of __[$ Amount ]__ if the lease payment fee is not paid by the 5th day after its due date and __[$ Amount ]__ for each day the lease payment fee remains unpaid thereafter. 3.3. Refundable Deposit. Lessee shall pay __[$ Amount of Deposit ]__ in advance as a refundable deposit for the performance of the terms and conditions of this Agreement. Lessee shall not be entitled to any refund of the deposit unless the Lessee complies with all provisions of the Agreement. Unpaid lease payment fees or late fees, and any other un-reimbursed expenses © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 incurred by Owner for Lessee’s benefit shall be deducted from the deposit and the balance, if any, returned to Lessee within __[# of Days]__ days of termination of this Agreement. 4. Limitations and Use. 4.1. Full-Time Use. Lessee will be granted full-time use of the Horse during the term of the Agreement, unless in the opinion of Owner, unnecessary damage may accrue to the Horse through continued use, then this Agreement may be terminated. [Delete if Inapplicable] OR Part-Time Use. Lessee will be granted partial use of the Horse during the term of the Agreement, unless in the opinion of Owner, unnecessary damage may accrue to the Horse through continued use, then this Agreement may be terminated immediately. [Delete if Inapplicable] 4.2. Location of Horse During Lease Term. During the term of this lease, the following location is to be considered the principle home stable of the Horse: _[Enter location of Horse during lease term]_. 4.3. Days of Use. Lessee shall be able to use the Horse on the following days and times during the term of this Agreement: [Enter the days and times at which the Lessee may use the Horse] [Delete if Inapplicable] 4.4. Type of Use. Lessee covenants, warrants, and agrees NOT to use the horse for any purpose other than the following: __[List the permitted uses of the Horse]___. 4.5. Authorized Riders. Lessee further represents that the only persons who may use the Horse during the lease term are: __[List Authorized Riders]__. [Delete if Inapplicable] 5. Care and Maintenance. 5.1. Lessee’s Obligations. If during the term of this Agreement the Horse is in the exclusive possession of Lessee, Lessee shall, at Lessee’s sole expense provide reasonable care for the Horse, including but not limited to a safe, clean environment, regular and adequate food and water, all veterinary care, hoof care, grooming and exercise. 5.2. Owner’s Obligations. If during the term of this Agreement the Horse remains in the possession of the Owner at Owner’s stable, then Owner shall provide all care for the Horse. 5.3. Owner’s Rights. If Lessee fails to perform Lessee’s obligations under this paragraph, Owner shall have the right at its option, to declare a breach of the Agreement and enter the Lessee’s premises, and re-take possession of the Horse or Owner may discharge Lessee’s obligations to pay veterinary, feed or boarding expense and the cost thereof shall become due and payable to Owner in addition to the monthly fee. 6. Risk of Loss or Injury. Lessee assumes risk of loss or injury to the Horse if Lessee is negligent or careless. Owner shall not be held responsible for loss, damage, injury, claim, demand, cost and expenses (including legal fees) arising out of or connected with the used of the © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 Horse, whether by Lessee or any other person. Owner will not be responsible for any accident or injury to any person or animal that comes in contact with the Horse during the term of this Agreement. 7. Insurance. Lessee shall maintain throughout the lease term, at its sole cost and expense, mortality and loss of use insurance in the amount of __[$ Amount of Policy ]__. Lessee shall furnish certificates of insurance evidencing the coverage specified above. If for any reason the Horse must be put down, Owner shall accept the insurance as adequate compensation and hold no further claims against Lessee. In the above situation, proper veterinary care must be utilized and Owner must be notified immediately. [Delete if Inapplicable] 8. Option to Renew. Lessee has the option to renew this lease if a request is made in writing __[# of Days]__ days prior to the expiration of the term of this lease. [Delete if Inapplicable] 9. Sale of Horse by Owner. In the event Owner places the Horse up for sale during the term of this Agreement, Lessee shall have the right of first refusal to purchase the Horse within __[# of Days]__ days of written notification for the agreed upon amount of __[Price of Horse]__. [Delete if Inapplicable] 10. Lessee’s Representations and Warranties. Lessee represents and warrants to Owner the following: 10.1. Lessee is not a minor or incompetent person and is authorized and empowered to enter into this Agreement; 10.2. Lessee will not allow or cause any lien, charge or other encumbrance to be asserted against the Horse or Owner’s ownership thereof; 10.3. Lessee has the ability, knowledge and skill necessary to care for and maintain the Horse in good physical condition; 10.4. Lessee shall maintain safe and clean boarding facilities and care for the Horse in a proper manner consistent with accepted equine practices; and 10.5. Lessee shall not sell, transfer or relocate the Horse without the express written consent of Owner. 11. Owner’s Representations and Warranties. Owner represents and warrants to Lessee the following: 11.1. Owner has good and clear title to the Horse and the Horse is free of any liens; 11.2. Owner is authorized and empowered to enter into this Agreement; and 11.3. The Horse is fit for the stated purpose and use set forth herein. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 12. Default. 12.1. Upon material breach of this Agreement by either party, the other party may terminate this Agreement; provided however, notice of said material breach is sent by certified mail to the party in breach setting forth said breach. 12.2. Upon material breach of this Agreement, Owner reserves the right to remove the Horse without incurring any additional responsibility to Lessee. Lessee shall be responsible to pay Owner any reasonable costs incurred in removing the Horse and such costs shall be due and payable to Owner by Lessee hereunder. 12.3. In case of a default by either party, the non-defaulting party shall have the right to recover mediation, arbitration, attorney fees and costs incurred as a result of said default. 13. Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Contract shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. [Delete if Inapplicable] 14. Governing Law. This Agreement shall be governed by the laws of the State of __________. Any legal action commenced to enforce or interpret this Agreement shall be brought in state or federal courts with the appropriate jurisdiction, located in __[County Name]__ County, __[State]__. The parties hereto consent to both venue and jurisdiction. 15. Severability. The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 16. Amendments. This Agreement may be amended at any time by written notice approved by all parties affected by such amendment. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are not other agreements, written or verbal. AGREED AND ACCEPTED TO BY: __________________________ Owner: __[Name of Owner]__ _________________________ Lessee: __[Name of Lessee]__ © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5
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